Driver who knocked down and killed child had previously caused death of pedestrian

By Fiona Ferguson

The driver of a road sweeping vehicle who fatally collided with a child had previously caused the death of a pedestrian while driving his car illegally in a bus lane, a court has heard.

Dublin Circuit Criminal Court heard Carl Scully (34) checked the mirrors of his road sweeper before reversing, but failed to observe the screen of a rear view camera in his vehicle in which the child moving towards the sweeper would have been visible.

Family members described Devin Shepherd (7) as a much loved boy, who was an intelligent, outspoken, energetic, kind and caring boy, loved by his classmates and family.

Scully previously received a six-month suspended sentence which was imposed in June 2023 for careless driving causing the death of a man which occurred nine months earlier.

Scully of Glenhill Road, Finglas, yesterday pleaded guilty to careless driving causing the death of Devin at St Joseph’s Way, Poppintree, Ballymun on September 1, 2019.

He has 15 previous District Court convictions from 2009 and 2013.

He has two prior road traffic convictions for failing to display tax.

The court heard that nine months prior to Devin’s death, Scully, driving his own car, had entered a bus lane before it was permitted, leading to a fatal collision with Anthony Hanney (61) who was crossing the road through traffic towards his home at Finglas Road on December 12, 2018.

Jailing Scully for 18 months yesterday, Judge Pauline Codd said this was a very sad and difficult case involving the death of a beloved child due to the careless driving of the accused.

She said the maximum sentence available to the court for this offence was two years’ imprisonment.

She noted that Scully had been operating a road sweeper at the locus and while reversing he impacted with a young child, Devin, who came running behind him.

Judge Codd said the children running around were quite obvious to those present and while there was no special supervision in relation to Devin, there were other adults present.

She said any prudent driver knew children were liable to do anything, as they were not mindful of or in a position to assess dangers as adults would be.

She said it was incumbent on a driver in the vicinity of children to be ultra careful.

Judge Codd, who had watched CCTV footage of the events in her chambers, said from her observation the vehicle was driven in a brusque manner, given the presence of children.

She said the decision to reverse seemed sudden, and not taken with the due care that should be taken in the presence of children.

She said Scully was a highly trained driver of an industrial-type vehicle and it was incumbent on him to show greater care.

She noted it was common case that he was moving at low speed.

She said he remained at the scene, attempted to help Devin and was in a state of shock.

She said the offence did not come at the uppermost range of the offence, but Scully does have a prior conviction for careless driving causing death.

She said the court took into account the devasting loss of Devin on those close to him and extended her sympathies to his family in their immense grief.

Judge Codd said in cases such as this, the measure of a sentence was not a measure of the value of a deceased person’s life, but of the accused person’s culpability in the circumstances of the case.

She said sentencing was not an exercise in vengeance or retaliation by the victim.

She said the main aspects in relation to the driving were the decision to suddenly reverse and the failure to look in the camera to ensure no one was behind him in circumstances where there were children around.

She set a headline sentence of 24 months’ imprisonment, the maximum headline sentence.

She took into account in mitigation his guilty plea, personal circumstance and his expression of remorse in a letter handed into court.

She also noted a psychological report outlining Scully’s emotional and mental health difficulties.

She took into account his involvement with his children.

She imposed 18 months’ imprisonment and disqualified him from driving for 10 years.

Scully interjected and asked the court to remove his licence for life.

Devin’s sister, Yasmin, told the court in her victim impact statement that Devin’s loss had torn her family apart and they are unable to enjoy birthdays, Halloween and Christmas.

She described the pain and grief they continue to feel and the depression her father has suffered.

She said the family had not received an apology or seen any remorse.

Devin’s mother Geraldine outlined in her victim impact statement how Devin had been her life and described him as an intelligent, outspoken, energetic, kind and caring boy, loved by his classmates and family.

She described her devastation and said he had been taken from the family by Scully’s actions.

She urged the judge to impose a lengthy sentence.

Detective Garda Enda Ledwith told Paul Carroll SC, prosecuting, that on the day in question, a number of children, including Devin who was visiting his father that day, were playing on the pavement and street area around St Joseph’s Way.

It was an All Ireland Final day and a number of people, including Devin’s father and Scully, were inside houses watching the match.

A number of women were sitting outside and other adults were coming and going. Devin, who was known to those in the area, was wearing a superhero play costume.

Gda Ledwith said Scully, who was employed by Dublin City Council as a road sweeper, was working in the area that day but had stopped into a neighbouring house to watch the match.

He left at half time and began his duties in the sweeper in the immediate area.

The garda said he was working in and around the area where the children were playing and there was some friendly interaction with a child who moved a box out of the way for him.

Witnesses described some of the children waving and jumping as they were excited at seeing the sweeper.

The sweeper passed the children and continued up the road away from everybody.

Scully stopped the sweeper up the road and Devin was seen running after the sweeper waving his hands.

The sweepers was stationary momentarily as Devin continued towards it and then reversed, knocking down Devin who was directly behind waving his hands.

A number of the adults become aware of the impact and run over shouting at the sweeper.

Scully got out, ran around and assisted in trying to get Devin out from underneath the vehicle.

Emergency services and the gardai were called.

Devin was taken to hospital but efforts to resuscitate him were unsuccessful.

The sweeper was taken for forensic analysis.

It was observed the radio was on very loud and the vehicle was fully functional, including the rear facing camera.

Scully told gardai he first became aware of the incident after feeling a bump and was alerted by a female that there was someone stuck under the vehicle.

He appeared to be in shock and was brought to hospital.

The forensic collision report outlined that Devin would have been available to be seen in the rear view camera.

The area Devin was standing was not covered by the side mirrors.

Conor Devally SC, defending, handed in a letter of apology to the court, which he described as full of remorse.

He said since these events, his client has sustained a degree of self punishment and depression which required psychological intervention.

He said Scully had plunged into desolation following these events and became homeless for a time.

He is now assisting his partner with the care of his children, one of whom is autistic, and a letter before the court outlined their degree of dependence on him.

He said Scully’s was not in a position to explain his oversight on the day by failing to look at the camera which was right in front of his face.

At the June sentence hearing in relation to careless driving causing the death of Mr Hanney in December 2018, the court heard Scully had entered a bus lane before it was permitted, leading to a fatal collision with a Mr Hanney who was crossing the road.

Sentencing Scully in June 2023, Judge Codd noted aggravating features included driving in the bus lane in advance of exiting at a particular lane.

She said he gave as his reason his familiarity with the area and the difficulty of crossing later.

The point of impact was five metres from where he could have entered the lane legitimately.

She noted that unfortunately Mr Hanney was crossing a busy road in a dangerous place where there was no pedestrian crossing and pedestrians might not be expected.

She said the court heard there were pedestrian crossings 300 metres north and 120 metres south of where he was crossing.

Judge Codd noted in mitigation Scully’s guilty plea, his remorse and emotional distress.

She imposed a six month suspended sentence and ordered him to be of good behaviour and keep the peace for one year.

She also imposed an 18 month driving disqualification but noted Scully had already voluntarily taken a decision to stop driving.